Voskamp v. Arnoldy

ON MOTION FOR REHEARING

EVANS, Chief Justice.

In their motion for rehearing, the appel-lees have raised several complaints that warrant further discussion.

The appellees contend that we erroneously overruled their reply point two, because of our decision that the appellees failed to offer evidence in support of their affirmative defenses of res judicata, collateral es-toppel, and release. The appellees argue that the res judicata and collateral estoppel issues were properly presented to the trial court by the tender of the “judgment roll” in the prior shareholder’s derivative litigation. The…